Navigating a Tough Situation
Updated: 2 days ago
Daniel and I purchased our condo in April 2018 at Lakeside at the Park in Austin, Texas. Ours is a top floor unit.
On August 1st 2020 I was woken up from water pouring on my head.
A roof leak! We then immediately set into motion the steps to identify the cause of the problem and get it remedied. We understood that the cause of the leak, i.e. a roof defect, would not be our liability as our contract states that HOA assumes liability for the structure of our condo. Even if Daniel and I wanted to remedy the situation ourselves, the roof is not our properly only our unit is. I called our HOA. I called the developers.
Over the past nine months Daniel and I have had upwards of 5 contractors and engineers in to assess the damage and repair.
We've just been informed by Mr. Rob Swett (HOA/developer) that their insurance company had denied the claim based on "workmanship." Our HOA officially and explicitly stated that they are not going to pay for the remediation.
No action has been taken to resolve our roof issue. The source of the leak remains undetermined, but the last engineer who assessed the situation indicated that the damage and repair were much more than they had anticipated or hoped. (The insurance company that denied the claim and has also refused to provide a copy of the engineer's report to any of us).
Furthermore, in the building we live in, there are 2 units and unit owners who are as invested and affected by this situation as we are. The source of the leak is on the side of the roof her hot tub sits on directly over our bed above our master bedroom.
This action step is a last resort, back against the wall step, when there are two major concerns that sit front and center for us right now. The HOA's insurance company's denial of of the claim feels illegal and fraudulent to us, when we've been paying $300/mo HOA fee which is, I was told is where the largest chunk of the monthly fee goes. The second, in no specific order, we need to get the roof fixed and until it is we'll have to be here. We're not free to move.
This is unprofessional as well, for the HOA is not operating at all in the best interests of the current unit owners. We simply want the job done because it is the right thing to do.
If you would like to talk with either me or Daniel feel free to email either one of us.